HBA-ATS, DMD H.B. 319 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 319
By: Driver
Criminal Jurisprudence
7/8/1999
Enrolled



BACKGROUND AND PURPOSE 

Possessing, selling, or offering to sell a governmental record or blank
governmental record is punishable as a third degree felony under Section
37.10 (Tampering with Governmental Record), Penal Code.  Prior to the 76th
Legislature, forging, signing, filing, or offering to file evidence of
financial responsibility was punishable only as a misdemeanor under
Sections 601.087 (Governmental Record; Unauthorized Certificate or Form)
and 601.196 (Evidence Forged or Signed Without Authority; Offense),
Transportation Code.   

H.B. 319 redefines "governmental record," creates new offenses, and repeals
Sections 601.087 and 601.196, Transportation Code.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 37.01(2), Penal Code, to include in the
definition of "governmental record" a standard proof of motor vehicle
liability insurance form described by Section 601.081 (Standard Proof of
Motor Vehicle Liability Insurance Form), Transportation Code, a certificate
of an insurance company described by Section 601.083 (Certificate of Motor
Vehicle Liability Insurance), a document purporting to be such a form or
certificate that is not issued by an insurer authorized to write motor
vehicle liability insurance in this state, an electronic submission in a
form described by Section 502.153(i) (Evidence of Financial
Responsibility), or an evidence of financial responsibility described by
Section 601.053 (Evidence of Financial Responsibility). 

SECTION 2.  Amends Sections 37.10(c) and (d), Penal Code, as follows:

(c) Creates Subdivisions (1) and (2) from existing Subsections (c) and (d),
respectively. Provides an exception in new Subsection (d) to the operation
of the general punishment instituted by Subsection (c) for an offense under
Section 37.10 (Tampering With Governmental Record), Penal Code.  Makes
conforming changes. 

(d) Provides that an offense under this section, if it is shown on the
trial of the offense that the governmental record is described by Section
37.01(2)(D), is a Class B misdemeanor if the offense is committed under
Subsection (a)(2) or Subsection (a)(5) and the defendant is convicted of
presenting or using the record.  Provides that an offense under this
section, if it is shown on the trial of the offense that the governmental
record is described by Section 37.01(2)(D), is a felony of the third degree
if the offense is committed under Subsection (a)(1), (3), (4), or (6), or
Subsection (a)(2) or (5) and the defendant is convicted of making the
record.  Provides that an offense under this section, if it is shown on the
trial of the offense that the governmental record is described by Section
37.01(2)(D), is a felony of the second degree, notwithstanding Subdivisions
(1) and (2), if the actor's intent in committing the offense was to defraud
or harm another.  

SECTION 3.  Amends Section 521.451, Transportation Code, as follows:
 
(a) Creates this subsection from existing text.

(b) Provides that an offense under this section (General Violation) is a
Class B misdemeanor. 

SECTION 4.  Repealer:  Sections 601.087 (Governmental Record; Unauthorized
Certificate or Form) and 601.196 (Evidence Forged or Signed Without
Authority; Offense), Transportation Code. 

SECTION 5.  Makes the repeal of Section 601.196, Transportation Code,
prospective. 

SECTION 6.  Makes application of Chapter 37, Penal Code, prospective.

SECTION 7.  Effective date:  September 1, 1999.

SECTION 8.  Emergency clause.